Mayor Rebuts Ethics Complaint

Says He Has Interacted Appropropriately With Fire Department

NEW BRITAIN — At an ethics commission hearing Tuesday, Mayor Timothy Stewart defended his involvement in fire department matters, saying he has done nothing as mayor to violate the city's ethics code.

During the brief hearing at city hall, Stewart said there is no merit to the ethics complaint that questions whether his oversight of the fire department's budget and contract negotiations is a conflict of interest.

Stewart, a first-term Republican mayor, is on leave from his job as a fire inspector and may return to that department when he leaves elected office.

The complaint, filed by John McNamara, Democratic town chairman, contends Stewart could benefit from any administrative or contract decisions he makes as mayor, if he returns to his fire department job.

McNamara said Stewart failed to follow the ethics code guidelines to help public officials avoid potential conflicts. Officials are advised to file a signed statement explaining why, in the face of a potential conflict, they can perform their duties without ethical problems. It also calls for them to seek an advisory opinion from the ethics commission.

Stewart did neither.

Stewart said the city's charter charges the mayor with certain duties that he must perform -- including departmental, budgetary and contract oversight.

Still, because the ethics code calls for the mayor to recuse himself from deliberating on any matter from which he could financially benefit, Stewart said he has not participated directly in the ongoing fire union negotiations or setting of the department's budget.

He has had the city's personnel director negotiate directly with the union, he said, and kept the board of finance's recommendation of a decrease in the fire department budget. Stewart also noted the common council has to ratify any proposed labor contract.

``My involvement in these [contract] discussions has been strictly ... as a catalyst to restart a stalled process,'' said Stewart, in the hearing that he chose to be public.

He said he asked city attorneys for advice on how to handle his involvement in fire department issues. ``At no time did I interfere with these negotiations, nor did I take any actions that were different from those taken by the previous administration.''

But McNamara said he filed the complaint because Stewart failed to seek an advisory opinion. He said he filed the complaint because he had no other way to get an opinion on his question.

``I would happily withdraw this complaint if a written statement is filed and an advisory opinion sought,'' McNamara said.

The ethics board has 60 days to make a decision.

Also Tuesday, the commission denied a request by another city alderman to overturn its recommendation last month to censure him for registering three of his vehicles in another town where taxes are lower. Alderman Rick Lopes has said he erred in not registering all his vehicles in New Britain and has already reimbursed the city $3,690.

But the first-term alderman said the commission has no jurisdiction in the matter.

Lopes was not at the meeting, but his attorney, Martin McQuillan, argued the ethics code relates to ``issues of somebody using their position as [a public official] to advance themslves or members of their family.''

``Where does the commission draw the line as to what constitutes a violation of the code?'' McQuillan asked, questioning if a speeding ticket or driving under the influence charge would be next.

But commission members unanimously decided against reconsideration.

Lopes ``walked into people's living rooms when he was campaigning when he knew he was violating the tax law and promised to do the best of his ability to'' ease the tax burden, said commission member Jeanette Moretti. ``In that way, there was an impropriety.''